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Home My WebLink AboutClosing Documents Illinois Street - Pittman Property Settlement0 JAMES BRIINARD, MAYOR LETTER OF TRANSMITTAL March 18, 2005 Hand Delivery to M. Walsh To: Mr. Michael S. Walsh, Esq. 11350 North Meridian Street, Suite 420 Carmel, IN 46032 From: Mike McBride, P.E. Department of Engineering City of Carmel, Indiana RE: JEC Partnership, L.P. - Illinois Street Project Parcel #2 Attached please find disbursement for Parcel #2 (JEC Partnership, c/o John N. Pittman), the Clarian Bond project: Check #416034 3/18/05 JEC Partnership, L.P. $1,847,400.00 v DEPARTMENT OF ENGINEERING ONE CIVIC SQUARE, CAI NIEL, IN 46032 OFFICII 317.571.2441 FAX 317.571.2439 enginecring@c1carmelin.us 1-4900926 (11)951 4500/GIN CUSTODIAN ACCOUNT CARMEL -ILLINOIS ST 2004 CAPITAL FD 416034 3/16/05 REPRESENTING PRINCIPAL PAID JEC PARTNERSHIP, L.P. PRIN $1/847,400.00 PAYMENT OF AFFIDAVIT #l0, DTD. 3/15/05 COMPENSATION FOR PERMANENT R/W PARCEL NO. 2 (PITTMAN) JOHN ALEXANDER 317~637-3501 �� 7581-4 02247473 NON • NEGOTIABLE Detach and retain this stub for your personal records. ^ • 'REFERENCE # PAY TO THE 0 . , l � ' 0 MEMORANDUM TO: City of Carmel One Civic Square Carmel, IN 46032 FROM: Elizabeth A. Sullivan, Acquisition Agent RWS South, Inc. 5226 South East Street, Suite A-7 Indianapolis, IN 46227 DATE: February 22 2005 RE: Project: 116`h Street & Spring Mill Road / Illinois Street Code: N/A Parcel: 2 County: Hamilton Owner(s): JEC Partnership, L.P. c/o Mr. John N. Pittman SUBJECT: Administrative Settlement The City's acquisition agent has pursued the attempted acquisition of the above subject parcel to the point where a complete impasse with the owner has been reached in regards to the amount of just compensation. The City's fair market value determination of $1,387,900.00 for 4.890 acres of permanent right-of-way was offered to the owner(s). During the negotiation process, the property owner(s) rejected this offer arguing the lesser appraisal did not accurately reflect market value. The property owner(s) provided a counter offer of S1,847,400.00; which is an additional 3459,500.00 and equal to the higher appraisal. Given the 30% difference between the two appraisals, the City decided to accept the counter offer equal to the higher appraisal. It is the City's opinion that the relatively significant difference of 30% between the two appraisals has weakened the City's support and the Court could have easily dismissed the lower appraisal. The owner has agreed to settle for 31,847,400.00 and will accept nothing less. The City believes it is in its best interest to settle this parcel for $1,847,400.00. Therefore, the -City's acquisition agent is directed to offer $1,847,400.00 to the owner(s). Should they not accept, then the additional $459,500.00 will be withdrawn and the $1,387,900.00 figure will remain the approved amount. THIS ADMINISTRATIVE SETTLEMENT APPROVED: • Project: 116`h St. & Spring Mill Road / Illinois St. Parcel: 2 Owner(s): JEC Partnership, L.P., an Indiana limited partnership c/o John N. Pittman RE: Illinois Street Dear Mr. Pittman: This letter is to certify that the undersigned acknowledges the receipt of the brochure How Land is Purchased for Highways by Local Public Agencies. (Date) ,/ B By: (Date) (Signature) 0 0 EXHIBIT "A" Project: Illinois Sttieet Parcel 2 Fee Sheet 1 of 2 A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat marked Exhibit "B" described as follows: Commencing at the northwest corner of said Northwest Quarter; thence North 89 degrees 17 minutes 10 seconds East 117.50 feet along the north line of said Northwest Quarter to the southwest corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East and the point of beginning of this description; thence North 88 degrees 32 minutes 54 seconds East 654.01 feet along the north line of said Northwest Quarter to the northeast corner of the grantor's land; thence South 0 degrees 11 minutes 21 seconds East 155.44 feet along the east line of said grantor's land to point "309" designated on said Plat; thence South S9 degrees 48 minutes 36 seconds West 130.01 feet to point "310" designated on said Plat; thence North 40 degrees 49 minutes 25 seconds West 119.71 feet to point "311" designated on said Plat; thence South 88 degrees 32 minutes 54 seconds West 200.00 feet to point "312" designated on said Plat; thence South 1 degree 27 minutes 06 seconds East 10.00 feet t6 point "313" designated on said Plat; thence South 83 degrees 34 minutes 49 seconds West 115.43 feet to point "314" designated on said Plat; thence South 68 degrees 30 minutes 13 seconds West 163.77 feet to point "315" designated on said Plat; thence South 14 degrees 17 minutes 31 seconds West 131.35 feet to point "316" designated on said Plat; thence North 76 degrees 57 minutes 29 seconds West 36.78 feet to the centerline of Springunll Road which is the western line of the grantor's land; thence North 13 degrees 01 minute 47 seconds East 261.67 feet along said centerline to the point of beginning and containing 1.690 acres, more or less, inclusive of the presently existing right-of-way which contains 0.353 acres, more or less, for a net additional taking of 1.337 acres, more or less. 0 Sheet2of2 This description was prepared for the City of Carmel by Michael L. Bishop, Indiana Registered Land Surveyor, License Number S0511, on the 2nd day of August, 2004. EXI IBIT "A" Project: Illinois Street Parcel 2A Fee Sheet 1 of'l A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat marked Exhibit "3" described as follows: Commencing at the northwest corner of said Northwest Quarter; thence North 69 degrees 17 minutes 10 seconds East 117.50 feet along the north line of said Northwest Quarter to the southwest comer of the Southwest Quarter of Section 35, Township 18 North, Range 3 East; thence North SS degrees 32 minutes 54 seconds East 684.01 feet along the north line of said Northwest Quarter to the northeast corner of the grantor's land; thence South 0 degrees 11 minutes 21 seconds East 155.44 feet along an east line of said grantor's land to point "309" designated on said Plat and the point of beginning of this description; thence continuing South 0 degrees 11 minutes 21 seconds East 777.00 feet along said east line and said east line -• prolonged southerly to point "318" designated on said Plat; thence North S9 degrees 48 . minutes 36 seconds West 130.00 feet to point "317" designated on said Plat; thence North 0 degrees 11 minutes 24 seconds West 777.00 feet to point "310", designated On said Plat; thence North 89 degrees 4S minutes 36 seconds East 130.01 feet to the point of beginning and • containing 2.319 acres, more or less. This description was prepared for the City of Carmel by Michael L. Bishop, Indiana Registered Land Surveyor, License Number 50511, on the 2nd day of August, 2004. BXIIIBIT "A" Project: Illinois Street Parcel 2B Fee Sheet 1 of 1 A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right-of-way lines depicted on the attached Right -of -Way Parcel Plat marked Exhibit "3" described as -follows: Commencing at the northwest corner of said Northwest Quarter; thence North 89 degrees 17 minutes 10 seconds East 117.50 feet along the north line of said Northwest Quarter to the southwest corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East; thence North SS degrees 32 minutes 54 seconds East 684.01 feet along the north line of said Northwest Quarter to a northeast corner of the grantor's land; thence South 0 degrees 11 minutes 21 seconds East 814.31 feet along an east line of said grantor's land to a comer of said grantor's land and the point of beginning of this description; thence North S9 degrees 48 minutes 39 seconds East 440.00 feet along a north line of said grantor's land to a northeast corner of said grantor's land; thence South 0 degrees 11 minutes 21 -seconds East 76.00 feet along an east line of said grantor's land to point "324" designated on said Plat; thence South 89 degrees 48 minutes 39 seconds West 120.01 feet to point "323" designated on said Plat; thence South 0 degrees 11 minutes 21 seconds East 10.00 feet to point "322" designated on said Plat; thence South S9 degrees 48 minutes 39 seconds West 145.00 feet to point "321" -designated on said Plat;- thence South 0 degrees 11 minutes 21 seconds East 10.00 feet to point designated "320" on said Plat; thence South 89 degrees 48 minutes 39 seconds West. 174.99 feet to point designated "319" on said Plat; thence North 0 degrees 11 minutes 21 seconds West 96.00 feet to the point of beginning and containing 0.881 acres, more or less. • This description was prepared for the City of Carmel by Michael L. Bishop, Indiana Registered Land Surveyor, License Number 50511, on the 2nd day of August, 2004. 0 100' ECC' SCALE: 1"•200' EXH151T RIGHT-OF-1(VAY PARCEL PLAT Prepared For Indiana Department 0t Transportation By American •Consulting. Inc. .LI . '0 & sEGnQ l UNE 716th Street PARCEL 2 445+ r 20' Sanitary Sewer Eosernenl Instr. No. 9605543 SHEET 10: PARCEL 2A 0 a LINE -S-1-A. PARCEL 28 OWNER: JEC PARTNERSHIP, L.P. PARCEL: 2 CODE: PROJECT: ROAD: ILLINOIS STREET COUNTY: HAMILTON SECTION 2 TOWNSHIP: 17 NORTH RANCE: 3 EAST /% HATCHED AREA IS THE APPROXIMATE TAKING DRAWN BY:. IALB CHECKED BY: IALB DES. NO.: TITLE ACQUIRED BY QUITCLAIM DEEDS RECORDED AS: Instr. Nos. 9127260, -27261, -27262, -27263, -27264; Instr. Nos. 9217780, -17781, -17782, -17783, -17784; Instr. Nos. 9413236, -13237, -13238, -13239, -13240; Instr.- Nos. 9555180, -55181, -55182, -55183, -55184 T 15 PLAT VAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED OY .A F EX I -i I thl .RIGHT-OF-WAY PARCEL PLAT Prepared Fcr Ind[ana Department Of Transportation By American Consulting. Inc. POINT REFERENCE CHART (Feet) SHEE1 2 OF 3 • Stations and Offsets are to Control Over North 'and East Coordinates fOri'NER JEC PARTNERSHIP, L.P. PARCEL: 2 CODE: PROJECT: ROAD: ILLINOIS STREET - COUNTY: HAMILTON SECTION: 2 TOWNSHIP: 17 NORTH RANGE 3 EAST DRAWN BY: MLB CHECKED 5Y %ALB DES. NO.: POINT NORTH EAST STATION OFFSET LINE 200 3814.6945 5527.7552 198+00.00 A 203 5014.6883 5523.7783 P.I. 210+00.00 A 204 5015.8067 5523.7783 P.O.T. 210+01.12 A 223 4538.1638 4595.7455 P.T. 444+82.84 8-1-8 227 4999.9917 4999.6724 P.O.T. 449+55.20 S-1-6 309 4861,8851 5584.3049 208+47.00 R A 310 4861.4572 5554.2984 - 208+47.00 70.00 -LT A 311 4952.0452 5475.0400 .104+75.00 60.00 RT C 312 4946.9782 5276.1042 102+75.00 60.00 RT C 313 4935.9775 5276.3577 102+75.00 70.00 RT C • 314 4924.0710 5161.6478 101+60.00 80.00 RT C 315 " 4854.0573 5009.2667 448+25.69 39.21 RT 5-1-8 316 4736.8126 4976.8340 446+94.39 35.52 RT S -1-B 317 4084.4516 5555.8735 - 200+70.00 70.00 LT A 318 4084.8923 - 5686.8727 200+70.00 60.00 RT A 319 4107.0254 5686:7996 50+60.01 76.00 RT S -1-A 320 4107.6035 5861.7850 52+35.00 76.00 RT - S -1-A 321 4117.6034 5861.7519 52+35.00 66.00 RT S -1--A 322 4118.0824 6005.7512 53+80.00 - 66.00 RT S -1-A 323 4128.0823 6006.7181 531+80.00 - 56.00 RT S -1-A . 324 4128.4787 6126.7301 +k'.' .. 55.00 RT S -1-A 916 2361.4060 4880.3650 917 4998.5100 4882.5098 918 5067.4122 7659.9459 919 5064.9732 7565.1200. 921 5000.0000 5000.0000 • Stations and Offsets are to Control Over North 'and East Coordinates fOri'NER JEC PARTNERSHIP, L.P. PARCEL: 2 CODE: PROJECT: ROAD: ILLINOIS STREET - COUNTY: HAMILTON SECTION: 2 TOWNSHIP: 17 NORTH RANGE 3 EAST DRAWN BY: MLB CHECKED 5Y %ALB DES. NO.: EXHIBIT "B" RIG -IT -OF -WAY PARCEL PLAT Prepared ForIndianaDepartment Of Transportation Ey American Consulting, Inc. POINT REFERENCE CHART (Feet) SURVEYOR'S STATEIAENT To the best of my knowledge and belief, this plot, together with the "Location Control Route Survey' recorded es Instrument No. 200X—XXXXXXX in the Office of the Recorder of Hamilton County, Indiono, incorporoted and mode o port hereof by reference, comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1-12 ,CRule 12-). C SHEET 2 OF 2 '`{l l I Rttt pis ,e w: �E�ISTCREo•.��As s y No. ;S0511 • • -• • STATE -DF . -1 l •••• �NDIA�; .0 g4/o• ,1pe o ,�tttlal IRi 4 Michael L. Bishop Registered Lond Surveyor No. 50511 Stole of Indiana - OWNER: PARCEL: 2 CODE: PROJECT: ROAD: ILLINOIS STREET COUNTY: HAMILTON SECTION 2 TOWNSHIP: 17 NORTH RANCE: 3 EAST ',EC PARTNERSHIP, L.P. DRAWN BY: MLB CHECKED BY: MLB DES. NO.: McBride, Mike T rcge1of2 fox From: Parks, Craig [CParks@amercons.com] Sent: Thursday, March 03, 2005 11:05 AM To: McBride, Mike T Cc: Scott Anderson (E-mail) Subject: Illinois Street - Pittman Administrative Settlement Mike, N,1 Here is the administrative settlement letter for the Pittman Parcel. Co. d ou please print out and have somebody at the City sign it? All the other documentation has been completed. colt Anderso is going to forward the other information onto me and I will have everything to ,Ly before the 10th so the check can be processed. Thanks, Craig Original Message From: Scott Anderson [mailto:rws@mibor.net] Sent: Thursday, March 03, 2005 9:51 AM To: Parks, Craig Subject: Fw: 116th St. & Springmill Rd/Illinois St.; JEC Partnership Scott Anderson RWS South, Inc. 5226 S. East St., Suite 7 Indianapolis, IN 46227 317.781.9723 (office) 317.781.9727 (fax) 317.908.2036 (cell) Original Message From::`.Elizabeth To: Scott Anderson Sent: Thursday, March 03, 2005 9:37 AM Subject: Fw: 116th St. & Springmill Rd/Illinois St.; JEC Partnership ® - Original Message F_rom:'Elizabeth't ; To: Craig M. Parks Sent: Tuesday, February 22, 2005 10:48 AM Subject: 116th St. & Springmill Rd/Illinois St.; JEC Partnership Craig, Attached is the Memorandum for the administrative settlement for JEC Partnership, L.P. Once signed, please return a copy to our office and I will forward the revised forms and documents to Mr. Pittman for execution. 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